Mental Capacity Newsletter December 2014

Mental Capacity Newsletter December 2014


CategoryArticles Author Simon Edwards, Neil Allen, Alexander Ruck Keene, Victoria Butler-Cole Date

Welcome to the December Mental Capacity Law Newsletters. To read the Screen friendly compendium issue click here.

Highlights this month include:

In the Health, Welfare and Deprivation of Liberty Newsletter: Mostyn J takes on the Supreme Court over Article 5; the vexed OFSTED Guidance; the Re X process; guardianship and Cheshire West.

In the Property and Affairs Newsletter: decisions on planning for survivorship of attorneys, inheritance tax planning, retainers and the survival of the common law tests for testamentary and gift-making capacity.

In the Practice and Procedure Newsletter: an important case on habitual residence; a cri de coeur about case management; and what to do where a litigation friend is no longer in funds.

In the Capacity outside the COP Newsletter: prosecutions under s.44 MCA 2005; the battle of the UN Committees as to deprivation of liberty; the Law Commission’s report on kidnapping and false imprisonment and legislative change post-Winterbourne View.

In the Scotland Newsletter: an update on the position relating to powers of attorney, an important case on whether a local authority complaints procedure excludes the possibility of judicial view and Lady Hale in Glasgow.


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